After district court ruling, Florida same-sex marriage could begin Jan. 6

It looks like Florida couples can start getting married January 6, 2015.

The 11th District Court of Appeals has denied the state’s request to extend a stay on same-sex marriages. That means the stay, put in place by U.S. District Judge Robert Hinkle, expires Jan. 5 – at the end of the day, so marriages wouldn’t actually begin until Jan. 6.

“Appellants’ request for expedited review of the Motion is granted,” the Dec. 3 ruling reads. “Having reviewed and fully considered the Motion, the parties’ briefs, and the orders issued by the District Court in the proceedings below, the Court hereby denies Appellants’ Motion. The stay of preliminary injunctions entered by the District Court expires at the end of the day on January 5, 2015.”

Read the court order: 2014-12-03-11thCircuitMarriageNoStayPendingAppeal

“Despite all the efforts by Rick Scott and Pam Bondi to prevent loving couples from exercising their constitutional right to marry the person of their choice, unless the US Supreme Court intervenes, and we think it is unlikely, marriages will start in Florida after January 5,” said Mary Meeks, an Orlando attorney who is part of the legal team in one of Florida’s court cases fighting for marriage equality.

Baylor Johnson with the ACLU of Florida is a little more cautious.

“Given how tenaciously the state has fought so far to keep these couples from getting married and having their marriages recognized, we’re not counting all our eggs before they hatch,” he said. “There are still opportunities to appeal, whether it’s back to the 11th Circuit or to the United States Supreme Court.”

Judge Hinkle put the stay on his August ruling that Florida’s ban on same-sex marriage is unconstitutional.

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